Navigating Cartel Detection: Assessing Leniency Plus In Indian Competition Law

The Competition (Amendment) Act 2023[1], enacted after deliberations by the Competition Law Review Committee, aims to bring the competition legal framework in India at par with the expanding global markets. A key amendment under this act is the addition of the 'Leniency Plus' or 'Lesser Penalty Plus' mechanism which enhances the current process of cartel detection. It incentivizes firms and individuals who are part of one cartel to disclose information regarding other cartels during the...

Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill

The Governor is an unelected Head of the State and cannot use his constitutional powers to thwart the normal course of lawmaking by the State. Governors stand as pivotal figures, entrusted with crucial responsibilities that shape the legislative framework. Their role transcends mere ceremonial duties, encompassing significant powers, notably the authority to grant or deny assent to bills passed by state legislatures. In the recent past, prolonged delay in assenting to Bills has become a source...

Enthusiasm Among Lawyers To Provide Legal Aid Services To The Supreme Court Legal Services Committee (SCLSC)

The legal profession was never intended to be a commercial pursuit or a business endeavor. It was always a service to society. In fact, in the earliest recorded professional work of 'lawyers' in ancient Greece, they were forbidden from accepting any 'fees' for their services. However, over a period of time a regulated profession developed and consumers of legal services felt obliged on their own to render some 'fees' in the nature of acknowledgement for services rendered. That is also the...

Curse Or Cure? Indian Supreme Court Exercises “Curative Jurisdiction” Setting Aside Arbitral Award

A public-private partnership was entered into between the state-owned Delhi Metro Rail Corporation Limited (the “DMRC”) and the private consortium Delhi Airport Metro Express Pvt. Ltd. (“DAMEPL”) by way of a 2008 Concession Agreement (the “CA”). Under the CA, DAMEPL was granted exclusive rights to implement the project and concession in respect of the airport metro express line in Delhi. In 2012, disputes arose on certain alleged defects in the structures of the project which DAMEPL...

Inheritance Tax In India: A Timely Imperative

Inheritance tax, often dubbed the "death tax," has resurfaced as a topic of debate in India following recent comments by Indian Overseas Congress chairman, Sam Pitroda. It was levied as per Estate Duty Act of 1953, but was subsequently repealed because of not achieving its objective of “curbing the social inequality”. While many academics are opposed to the inheritance tax, several nations are taking steps to implement it due to various objectives including social equality or economic...

Pre-Arrest Bail To Accused Residing Abroad

Situation 01: 'A' is accused of a bank fraud case (Non-bailable offences) in which it is alleged that he has siphoned off crores of rupees. It is alleged that A had applied for bank loan during financial year 2016-2017 on the basis of forged documents and bogus business estimates, in connivance with certain bank officials. The loan later turned NPA in 2019. Pursuant to this, bank conducted a staff accountability report as well as forensic audit, and the NPA account of 'A' was declared as...

The Doctrine of Single Economic Entity And The Direction & Control Test

European Union Competition law prohibits enterprises from entering into agreements that are anti- competitive for the market. In this context, the doctrine of Single Economic Entity is applied to subsidiaries that are controlled by another parent group. The holding company and its subsidiaries are considered one big single unit. Therefore, agreements between a subsidiary and its parent company are not prohibited because subsidiaries have no independence in decision making and their daily...

Section 23(4) of the Arbitration & Conciliation Act, 1996: Mandatory or Directory ?

Speedy adjudicationis at the heart of arbitration. To achieve this objective which is innate to the very concept of arbitration, the legislature, through a series of amendments has introduced provisions which have shifted the paradigm and patently altered the landscape of arbitration in India. This article proposes to discuss whether the timelines contemplated in Section 23(4) of the Arbitration & Conciliation Act, 1996 (as amended up to date) (referred to, hereinafter for ease of...

Successive References Under One Arbitration Agreement: Possible Or Not?

While the answer to the topic lies in the intricate details of individual contracts and/or arbitration agreements entered into between parties, the Arbitration and Conciliation Act, 1996 (“the Act”) permits successive references under one arbitration agreement. Sections 7 (1), 8 (3) and 21 of the Act read in consonance clearly portray that the legislative intention has always been to permit successive references. As stated by the Hon'ble Delhi High Court in Gammon India Ltd. and Anr. v...

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156(3) Cr.P.C. To delve into this issue, it is pertinent to examine the following aspects: Statutory Framework Section 154(1) read with Section 156(1) Cr.P.C. provides an inference that the Police...

Diplomacy And Conflict Management

Diplomacy is the art, the science, and how nations, groups, or individuals conduct their affairs to safeguard their interests and promote their political, economic, cultural or scientific relations while maintaining peaceful relationships with each other. If used tactfully, diplomacy can be best used in the workplace or even for building international relationships. History reveals that war is the cause of the end of diplomacy, and diplomatic Efforts will directly help resolve the...

Are UGC Regulations Mandatory Or Recommendatory On Statutory Universities? An Analysis With Judicial Developments

University Grant Commission (UGC) regulations are typically obligatory for statutory universities in India. Statutory universities are established by an act of parliament or state legislature, and they operate under the purview of the University Grants Commission (UGC). The UGC Act of 1956 empowers the UGC to coordinate, determine, and maintain standards of higher education. The term 'University' has a wider connotation under Section 2(f) of the Act . It reads as "University means a...